/* */

PDA

View Full Version : What is a Misyar Marriage?



HeiGou
05-15-2006, 08:46 AM
Can someone help explain this to me? I have tried to look it up on Wikipedia but I am still confused. I thought temporary marriages were banned in Islam? How can a proper Islamic marriage be temporary and without obligations? Is this permitted in Islam and if so, why?

Busy days for Saudi matchmakers
Published: Monday, 15 May, 2006, 11:35 AM Doha Time

RIYADH: Professional matchmakers in Saudi Arabia have boosted their business by 60% following the legalisation of ‘misyar’, a temporary marriage without obligations.


The Saudi newspaper Arab News said one reason why people resort to such secret but legal options is to avoid family responsibilities and others such as housing a woman and rearing her children.

The paper said ‘misyar’ has grown in popularity in the business community, among educated people and among women with private income as well as with the poor.

The increasing number of unmarried women is why such marriages have become more acceptable, said the paper. – DPA
Reply

Login/Register to hide ads. Scroll down for more posts
afriend
05-15-2006, 08:54 AM
It's a bit like having a boy/girl friend.

But the intention of this is wrong, as you should marry only if you have the means to do so, and you shouldn't marry for the wrong reasons, rather, you should be able to provide and take care of the wife.

I mean the intention is only temporary pleasure...I don't know....someone correct me, but this doesn't go down too well in my books, this is just morally wrong.
Reply

Muslim Knight
05-15-2006, 08:56 AM
You can try look up "Nikah Mut'ah". As far as I know it has been forbidden long time ago even during the time of Prophet and the Khulafa Ar-Rashideen.
Reply

HeiGou
05-15-2006, 09:29 AM
format_quote Originally Posted by Muslim Knight
You can try look up "Nikah Mut'ah". As far as I know it has been forbidden long time ago even during the time of Prophet and the Khulafa Ar-Rashideen.
I can find Mut'ah marriages without any problem but they must be illegal in Saudi Arabia as they are elsewhere in the >cough< >cough< part of the Muslim world.

So are these just Mut'ah marriages in disguise (which I can't believe) or are they something else? Are they new or have they been around for a while?
Reply

Welcome, Guest!
Hey there! Looks like you're enjoying the discussion, but you're not signed up for an account.

When you create an account, you can participate in the discussions and share your thoughts. You also get notifications, here and via email, whenever new posts are made. And you can like posts and make new friends.
Sign Up
Muslim Knight
05-15-2006, 11:27 AM
I don't dare expound on matters beyond knowledge, but take a look at this. Maybe others can furnish more.

Question:

As-Salamu `Alaykum! May Allah bless you, and in Sha’ Allah you will always be in progress. I want to ask you about the marriage that is called in Arabic Misyar. I hope you will explain to me what it means, and kindly shed light on the Islamic ruling concerning it.

Answer:

Wa`alaykum As-Salamu Warahmatullahi Wabarakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Almighty Allah, and peace and blessings be upon His Messenger.

Dear questioner, we are really pleased to have your question and to have the chance to convey some of the teachings of our religion to our Muslim brothers. In fact, it adds to our happiness to find guidance being disseminated and the word of truth being highly elevated. We hope these humble efforts meet the great expectations of yours.

Misyar marriage can be defined as a marriage contract between a man and a woman, in which the woman waives some of the rights she would have in a normal Islamic marriage. This sometimes takes place when, for example, there are many women who, as they get older, find it increasingly difficult to marry. In this case a woman opts for a husband who is not able to fulfil the normal marital duties like financial maintenance, or spending adequate time with her, for example. She considers that marrying such a husband is better than remaining unmarried.

It’s noteworthy that once a marriage contract meets its Shari`ah requirements, it will be acceptable from the Islamic points of view irrespective of what people call such contract. Conditions of valid marriage are: The consent of both spouses, the consent of the Wali (guardian), the payment of the dower, the presence of the witnesses, and the announcement of the contract.

It goes without saying that valid marriage should not be limited to a certain period of time; otherwise it will be reckoned as a Mut`ah (temporal) marriage which is prohibited in Islam.

Dealing with this subject, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

Misyar marriage should be viewed as a form of legal relationship between man and woman regardless of any description attached to it. This is pursuant to the juristic rule: "What matters most in contracts are motives and meaning, not the wording or structure."

Therefore, in determining the legal nature of this marriage, we should not judge things according to names, for as we know, people feel free in naming or describing something.

There is nothing new about this kind of marriage. It is in one way or another very similar to what is known as `Urfi marriage or non-documented marriage.

Stipulating certain details in the marriage contract on both sides is acceptable. For example, some `Ulama (scholars) maintain that a woman has a right to determine the timing of marriage; i.e., it can take place at day or night, however, she can also waive this right.

Therefore, based on what has been mentioned, we can state that Misyar marriage, or something in similar form, has been in practice from time immemorial. It also serves the purpose of some women, who, for instance, may be rich but happen to be unable to marry at the proper time. So, such women can opt for this kind of marriage.

But I do have to make it clear that the aforementioned statement does not make me a protagonist of Misyar marriage. In all my Fatwas and sermons, it is not mentioned anywhere that I give any support for such marriage.

The point is that when I was asked by a journalist to state my opinion regarding this marriage, I found it a pressing religious duty to give a clear-cut opinion on something that does not make unlawful what Almighty Allah has made lawful for His servants.

Therefore, if anyone seeks my opinion on this marriage, I must reply him saying: What do you mean by Misyar marriage. However, if I get an explanation that shows that in Misyar marriage, all the Islamic legal requirements are met, then the marriage is valid.

Those requirements are: an offer and acceptance from both parties; a specified dowry, according to the Qur'anic verse: "And give unto the women, (whom ye marry) free gift of their marriage portions" (An-Nisa': 4), and that the contract wins the consent of the guardian. Thereby, no one has the right to brandish it as unlawful.

There is no doubt that such marriage may be somehow socially unacceptable, but there is a big difference between what is Islamically valid and what is socially acceptable. As we know, people can be cynical about the idea of an employee marrying his employer. But who can deny the validity of such a marriage if it meets all the legal requirements?

This issue, therefore, needs a cautious approach. One should not feel free to condemn an act as absolutely forbidden, merely on social repugnance. Rather, one needs to have convincing evidence to determine the legal nature of each particular act.

http://www.islamawareness.net/Marria.../fatwa_01.html

Apparently it's not common either. For me it's the first time I heard about this.

http://www.islamawareness.net/Marriage/Misyar/
Reply

sonz
05-15-2006, 11:37 AM
format_quote Originally Posted by ~Mu'MiNaH~
Sounds like legalised prostitution to me.
its not legalised "prostitution"

read Muslim Knight posted

chk also this

What is the ruling on so-called “misyaar” marriage and what is the difference between that and mut’ah?
i want to know about "al-MESYAR" marriage and its conditions that should be followed and how it is different from "MUTA'A" marriage (temporaray) of shia'a sect..

Praise be to Allaah.

Misyaar marriage is no different from the kind of marriage which you know (ordinary marriage), except in one regard, which is that the woman foregoes her right to a share of the husband’s time in a plural marriage. So she does not have a day of her own like her co-wives have, and whenever her husband can come to see her, she is content with that.

Shaykh Sa’d al-Humayd

“ Misyaar” is a name that is used by the common people; it is not mentioned in the Qur’aan or Sunnah. If this marriage fulfils all the shar’i conditions of marriage such as having a wali (guardian), the proposal of marriage and the acceptance, the consent of both parties and no impediments to the marriage, etc., then the marriage is valid. If the woman says to the man in a misyaar marriage, “I will spend on myself and I will not ask you to spend on me or provide me with accommodation, and I will forego the right to ask for a night of my own” – if the husband has another wife – if the woman agrees to these compromises, she has the right to do so and the marriage is valid, even if it is unlikely to succeed or to last. Then if the wife wants the husband to spend on her and provide accommodation, and she asks for a night of her own, these are her rights. In this case the husband can either respond to her requests or he can divorce her. The difference between this and mut’ah marriage is a great difference. Mut’ah marriage is subject to the condition that it is for a limited time agreed upon by both parties, and the marriage contract ends when that time period ends. So it is a temporary marriage with a limit for its termination which is known to both parties from the outset. This is haraam and is not permitted. Getting married for twenty-four hours or for two or three days is no more than a joke.

The marriage of which we spoke at the beginning is marriage based on continuing indefinitely; it is not temporary or limited to a specific time period agreed upon by both parties and mentioned in the contract. The aim of misyaar marriage is that the woman keeps quiet about some of her rights and does not ask for them, and this is permissible.

islamqa.com

masalama
Reply

HeiGou
05-15-2006, 11:39 AM
format_quote Originally Posted by ~Mu'MiNaH~
Sounds like legalised prostitution to me.
Thank you to the person who provided the links. This is obviously not legalised prostitution although I was interested in one of the above links saying this,

Eyad comes from another Arab country and is married to a Saudi woman in a Mesyar arrangement. “Our marriage is more like a business deal that we both agreed to. She wants a husband and children, something that I am willing to give to her. She does not care is she sees me once or twice a week. What I need from her is money and financial aid in this country. It is something that she gives me. We live by this agreement and we are both happy.”

I am, rarely for me, speechless.

(Although I thought that Saudi Arabia prohibited foreigners marrying Saudi women? Anyway I forsee problems so I think I'll leave this thread here)
Reply

Muslim Knight
05-15-2006, 12:08 PM
format_quote Originally Posted by ~Mu'MiNaH~
Sounds like legalised prostitution to me.
I don't see it that way. You can say it's a marriage of convenience, last resort for women who can't get husbands until their late age. Rather than finish off life alone and without children... or worse fate, prostitution, this could be more dignified for them. And it's within legal framework. Furthermore, it is really up to the woman's consent as is conventional marriage... on other hand, I would say it required mutual consent.

Maybe a bit unethical, but halal. Personally, I'd rather go condemn forced marriages rather than this.
Reply

Noora_z3
05-15-2006, 12:28 PM
So if the woman willingly waived her rights...wat happens to Childrens rights in such marrgies?
Reply

Noora_z3
05-15-2006, 01:44 PM
format_quote Originally Posted by ~Mu'MiNaH~
Excuse me... but when did these types of marriages pop up? If they weren'taround at the Prophet's (SAW) time then dare I say they are bid'ah???
:w:
Well sis, things r not just to simple, not everything is white n black. Prophet Muhammad peace be upon him never prayd or even ordered his companions to pray Salat Al-taraweeh in Congeregation every night in Ramadhan...so is it Bid'ah?!
Reply

Tania
05-15-2006, 07:24 PM
"This sometimes takes place when, for example, there are many women who, as they get older, find it increasingly difficult to marry. In this case a woman opts for a husband who is not able to fulfil the normal marital duties like financial maintenance, or spending adequate time with her, for example. She considers that marrying such a husband is better than remaining unmarried."


But how can be this legal.:X Its in Qur'an written clearly the men needs to treat his wive equally(the same treatment)and he needs to be the women protector, so he needs to ensure some financial maintenance to her too.
Reply

Khadeejah
05-15-2006, 09:37 PM
It seems the opinion is it that it is halal and we can not call haram what wis halal and vica versa....it has been explained in depth of the meaning and what situations it is used.... so we can not call it haram
Reply

sonz
05-16-2006, 08:53 AM
format_quote Originally Posted by mara
"This sometimes takes place when, for example, there are many women who, as they get older, find it increasingly difficult to marry. In this case a woman opts for a husband who is not able to fulfil the normal marital duties like financial maintenance, or spending adequate time with her, for example. She considers that marrying such a husband is better than remaining unmarried."


But how can be this legal.:X Its in Qur'an written clearly the men needs to treat his wive equally(the same treatment)and he needs to be the women protector, so he needs to ensure some financial maintenance to her too.
thats cuz the woman wants that. its her choice. if she agrees that she gives up her islamic rights (like the husband spending time with her, providing for her) then its allowed and we must respect that.

she is not forced in to it and its entirly her choice

masalama
Reply

salehah
05-16-2006, 10:29 AM
Peace to all!

What do you have to say about this ?
INDIA: WIVES FOR HIRE BY THE HOUR FOR ARABS
Mumbai, 25 Oct. (AKI) - Wives for hire in Hyderabad, that's the new frontier in India's growing economy, where prosperity has resulted in young women from poor Muslim families becoming "temporary" brides - even just for one night - to tourists and buisnessmen from the Gulf countries. According to Muslim religious leaders in Mumbai, the phenomenon has assumed a significant dimension, and Islamic clerics are trying to decide how to deal with it in light of accusations made by non-governmental organisations (NGOs) and muftis [those responsible for interpreting Islamic law], of a practice of mass prostitution.

A recent television report put together by an independent documentary maker has shown women, their faces covered with the veil, parading themselves in front of a client, described simply as an 'old Arab man' who contravenes every Islamic law by raising the veil in order to assess the women, passing his fingers through their hair and asking them some questions through an interpreter. After the woman is chosen, a dowry is paid to her family of an amount equivalent to one year's income or more. She is then the man's wife for just a few nights.
...

http://www.adnki.com/index_2Level.ph...22606818&par=0









Mumbai, 25 Oct. (AKI) - Wives for hire in Hyderabad, that's the new frontier in India's growing economy, where prosperity has resulted in young women from poor Muslim families becoming "temporary" brides - even just for one night - to tourists and buisnessmen from the Gulf countries. According to Muslim religious leaders in Mumbai, the phenomenon has assumed a significant dimension, and Islamic clerics are trying to decide how to deal with it in light of accusations made by non-governmental organisations (NGOs) and muftis [those responsible for interpreting Islamic law], of a practice of mass prostitution.

A recent television report put together by an independent documentary maker has shown women, their faces covered with the veil, parading themselves in front of a client, described simply as an 'old Arab man' who contravenes every Islamic law by raising the veil in order to assess the women, passing his fingers through their hair and asking them some questions through an interpreter. After the woman is chosen, a dowry is paid to her family of an amount equivalent to one year's income or more. She is then the man's wife for just a few nights.

Shahida Yasmeen and Tasneem Sultana paraded themselves in front of such a man for the documentary to help the film makers. They work for a legal office that deals with the struggle against the exploitation of women, and they summarised their experience into one phrase: "it resembled a brothel".

The Indian daily ‘Times of India' has also published the names of one of the United Arab Emirates sheikhs, 45-year-old Al Rahman Ismail Mirza Abdul Jabar, who in August met Farheen Sultana, 13, and Hina Sultana, 15, with the help of a pimp in the Old City or historic centre of Hyderabad. Under the right to have more than one wife, accorded to men under Islamic law, he married both of them, and spent the night with them at a local hotel, leaving for his home by dawn the next day.

The trouble involved in beginning divorce proceedings isn't even required. Thanks to new methods of communication - the traditional declaration of a verbal or written "talaaq", the unilateral declaration with which a man can affirm his desire to divorce his wife - one can now also do this via an email, telegram, telephone call, fax or even mobile phone text message. "Many talaaqs are coming through SMS these days," said Mufti Abdul Ahad Falahi, from the Darul Qaza school in Mumbai.

Sometimes the declaration of Talaaq is already included in the "nikah", the card with which one celebrates the marriage, according to Noorjehan Siddiqui, the coordinator of the non-governmental organisation Confederation of Voluntary Associations.

Those Muslims who take advantage of religious norms to procure for themselves several hours or days of sex, deserve to be whipped and thrown into jail, said Moulana Mufti Khaleel Ahmad, the deputy advisor of the Islamic school Jamia Nizamia in Hyderabad. "Marriage is for life and a person marrying a woman should have the niyyat (intention) of living with her forever," he said. And one who marries knowing that he will leave his wife, "becomes a sinner," he added, "He is answerable to society in this life and to God in the hereafter," added Mufti Khaleel.

"The problem is that we do not know the real intentions of those Arab bridegrooms. Otherwise we would be able to stop them," he said.

Hyderabad, the Indian city with the highest growth of companies in the information sector, has a large Arab community that has been part of the city since the beginning of the 18th century.

The reality is that the trafficking of wives by contract is a growing phenomenon, according to the newspaper Mumbai Mirror, "as the qazis [the cleric who holds a Muslim wedding ceremony] connive with brokers fixing such marriages."

Sometimes these marriages are put together not necessarily in bad faith or with other interests in mind, but because they know that in any case, for these young women it is a turning point in their lives.

The dowry is also a reason that pushes poorer families to take the decision to put their daughters in the hands of these pimps, explains Noorjehan Siddiqui. Marrying a daughter in India means having a dowry for her which the family of the groom continues to demand. It is better to give one's daughter to an Arab who is instead ready to pay a dowry that is often also a considerable amount.

While many families do not realise they are being cheated by a middle man or an individual who is only looking for easy sex, there are also those who know very well what they are doing and make such a decision for economic reasons, using the money from such a deal to put their other children through school or, paradoxically, to pay the dowries for marrying off their other daughters, said Noorjehan Siddiqui. '"Many of these girls have been married four to ten times, " she said.

ya sure they're actually practising muta not misyar or in the name of misyar.. but who draws the limit! our beloved scholars???
and read this too!

http://memri.org/bin/articles.cgi?Pa...rm&ID=SP106005
Reply

salehah
05-16-2006, 10:32 AM
..its just to open your eyes what is happening in the so called muslim arab world!
Reply

Rabi'ya
05-16-2006, 10:33 AM
:sl:

thats disgusting and perverted!!

i think we are all aware that there is nothing officially islamic about the arab world!

:w:

Rabi'ya:rose:

(sorry just my opinion)
Reply

MetSudaisTwice
05-16-2006, 10:34 AM
salam
ummah is suffering everywhere in the world, it is obvious that the imaan is weak in some places, but why all the foucus on arbas? when equally elsewhere muslims are in need of guidance, this is not so that am backing for arabs, but it is only fair if you look at the ummah as a whole
wasalam
Reply

Snowflake
05-16-2006, 10:35 AM
format_quote Originally Posted by Noora_z3
So if the woman willingly waived her rights...wat happens to Childrens rights in such marrgies?
I think women who opt for this type of marriage already have kids, don't want more or are infertile, but would still like a halal relationship with a man. I didn't even know this kind of marriage existed. Sounds great for independant souls! ;)
Reply

sonz
05-16-2006, 10:46 AM
format_quote Originally Posted by salehah
Peace to all!

What do you have to say about this ?


ya sure they're actually practising muta not misyar or in the name of misyar.. but who draws the limit! our beloved scholars???
and read this too!

http://memri.org/bin/articles.cgi?Pa...rm&ID=SP106005
that is not misyar

what u posted is not even allowed in islam

who cares what about some "muslims" do. if its not allowed in islam then why ru posting what they r doing

masalama
Reply

i_m_tipu
05-16-2006, 11:16 AM
format_quote Originally Posted by Muslim Knight

Therefore, if anyone seeks my opinion on this marriage, I must reply him saying: What do you mean by Misyar marriage. However, if I get an explanation that shows that in Misyar marriage, all the Islamic legal requirements are met, then the marriage is valid.

Those requirements are: an offer and acceptance from both parties; a specified dowry, according to the Qur'anic verse: "And give unto the women, (whom ye marry) free gift of their marriage portions" (An-Nisa': 4), and that the contract wins the consent of the guardian. Thereby, no one has the right to brandish it as unlawful.
i m really confused:?
if it fulfilled all the Islamic legal requirements then why do people named a marriage in to Misyar marriage

thou i have a little idea about "Misyar"

but why do i need to know doest not it fulfilled all the Islamic legal requirements
Reply

HeiGou
05-16-2006, 11:21 AM
format_quote Originally Posted by sonz
that is not misyar

what u posted is not even allowed in islam

who cares what about some "muslims" do. if its not allowed in islam then why ru posting what they r doing
This is clearly wrong but I do not understand the rules for a valid marriage if a Misyar marriage is allowed and this is not? Someone else posted on the requirements of a valid marriage,

format_quote Originally Posted by Muslim Knight
Those requirements are: an offer and acceptance from both parties; a specified dowry, according to the Qur'anic verse: "And give unto the women, (whom ye marry) free gift of their marriage portions" (An-Nisa': 4), and that the contract wins the consent of the guardian. Thereby, no one has the right to brandish it as unlawful.
Surely even this case meets these requirements: there was an offer and an acceptance from both sides; there was dowry; there was permission from the guardian; both sides agreed to the contract.

Therefore there must be another requirement that prohibits one marriage but allows another. The obvious one must be intention - these marriages are banned because their intent is wrong. Can I ask for an opinion on that?
Reply

Snowflake
05-16-2006, 11:38 AM
Originally Posted by Muslim Knight

Therefore, if anyone seeks my opinion on this marriage, I must reply him saying: What do you mean by Misyar marriage. However, if I get an explanation that shows that in Misyar marriage, all the Islamic legal requirements are met, then the marriage is valid.

Those requirements are: an offer and acceptance from both parties; a specified dowry, according to the Qur'anic verse: "And give unto the women, (whom ye marry) free gift of their marriage portions" (An-Nisa': 4), and that the contract wins the consent of the guardian. Thereby, no one has the right to brandish it as unlawful.
Except divorcees and widows do not need a wali.
Reply

Snowflake
05-16-2006, 11:52 AM
format_quote Originally Posted by ~Mu'MiNaH~
Sorry.... BUT ISN'T IT BID'AH?
Can someone please prove that this type of marriage isn't bid'ah... because i find it very disturbing!!!
:w:
I don't think it's bidah sis. It makes sense. I mean just as in a normal nikah a woman can state that her husband has to divorce her if he takes another wife, similarly in a Misayr marriage a woman is waiving some of her rights.

hang on lemme give u an example...

a lonely/old/divorcee/widow woman marries into polygamy for companionship. She knows the man has another wife and kids and they need him more. So she can waive her rights of him spending equal amounts of time between her and the other wife etc... maybe she'd like his company only now and then. that way they are both clear as to what is expected in the marriage.

Doesn't that make sense? :?
Reply

salehah
05-16-2006, 01:07 PM
Peace to all!

Why just arabs...cause they think they own this religion!
I'll pin point the problems where i live. although this is the problem with the whole so called muslim world!
They are the ones who's fatwas most of this poor and pathetic muslim worlds follow blindly.
Their hypocricy... follow what we say not what we do!!!
May 16, 2006 No.1164

Arab Feminists on the Inferior Status of Women in Arab Society

In articles that appeared recently in Arab government papers, renowned Egyptian feminist Dr. Nawal Al-Sa'dawi and Saudi columnist Maha Fahd Al-Hujailan speak out against the inferior status of women in Arab society.

In a column in the Saudi government daily Al-Watan, titled "The Stereotype of Woman as Perceived by the Man,"Al-Hujailandeals with social and emotional perspectives.She statesthat women are treated in Arab society as individuals "devoid of personality," whose only status is derived from that of the men in their lives. Accordingly, a woman with an "independent personality" is perceived as an insubordinate woman who must be tamed using violent means, sometimes to the death, as with animals.

Writing in the Egyptian weekly October, Dr. Al-Sa'dawi deals with legal aspects of women's rights and status. She states that the Egyptian legal code discriminates against women. An adulterous woman, she writes, is subject to harsh punishment, while adulterous husbands, as well as men who kidnap, rape, or murder women, receive lenient treatment.

The following are excerpts from the two articles:



Al-Hujailan: Women's Difficult Situation "Reflects Part of Our Culture"
"I received a letter from a Saudi woman who complained about how her husband treated her during the first months of their marriage. She said that a husband treats his wife like a piece of furniture that he had bought with his own money, and is [thus] entitled to use as he pleases. He beats her and hurts her physically, with great brutality. He dismisses her opinions, mocks her if she expresses her opinion on any matter, and forces her [to comply with] his will without listening to her.

"As a matter of fact, it appears that this is a recurring problem in some homes - the names are different, but the suffering and the victims [are similar]. Many married women suffer from this sort of poor treatment in their married lives, and they are not even allowed to complain or grumble about this regrettable situation.

"If we examine this difficult situation [affecting] married women[...] we find that it reflects part of our culture. In considering the man's attitude towards the woman, we find that, from the moment he begins to consider her as a [potential] wife, he draws up in his mind [a list] of criteria that this woman [must meet]. These criteria are based on descriptions derived from his culture, which he has heard from relatives and from those around him[...] [They] have to do with her outward appearance, and that they include no consideration of her personality, her thinking, or her temperament[...]"


It is Considered Reprehensible for a Man to Ask About a Woman's Qualities - Because Woman is the Product of Male Education

"The most a husband is willing to tolerate on the part of his wife is specific demands concerning her home or personal needs - and this is the source of the 'pampered wife' stereotype entertained by some men. When [the husband] meets [these] special demands, he is certain that he has realized her dream and [made her] happy. We will not deny that some women are interested only in this, and nothing else, but they do not represent the [type of] woman with whom this article is concerned.

"Stereotyping the woman as obedient or even as pampered [means] placing her in a [category], with defined borders that are usually related only to her emotional caprices. But when the woman has an independent personality, [with] opinions and a mind [of her own], the man sees her as an insubordinate woman who must be educated until she 'returns to the straight and narrow' or 'learns how to behave'[...]

"It is said that women must be 'tamed' like horses and other animals - and this 'taming' is carried out by using violence against her, until her independent spirit - including her thoughts, her aspirations, and her dreams - is 'murdered.'

"It should be noted that our culture sees the woman in general, and the wife in particular, as devoid of personality, and therefore people often make statements like 'the woman's [status] is derived [from that of] her men.' Her men, in this case, are her father or brother before marriage, or her husband, when she is handed over to him [after marriage]. In some tribes and some regions of our land, it is considered reprehensible for a man to ask about a woman's qualities or [her personality] - because[...] a woman is ultimately perceived to be the product of education by men. Therefore, he should ask about the lineage and qualities of her men, [not about her present qualities].

"Whoever she may be, the woman's personality is shaped by the man - who is entitled to use violence against her and to 'tame' her as he wishes in this manner[...] A good woman is not good by virtue of her own nature or personality, but by virtue of the strong husband who 'tamed' her, repressed her with a strong arm, and used violence to force her to behave according to his will."


The Word 'Taming,' Used in Connection With Treatment of Women in Our Society, Originally Referred to Animals

"The word 'taming', [which has come to be used in connection with] treatment of women in our society, [was originally] applied to treatment of animals. Originally, taming was something that men did with animals that behaved wildly, in order to tame them and make them docile and domesticated.

"When an animal is [taken] from the place where it lived and [moved] to a new home, to a new owner or to a new environment, it will usually be fearful and disoriented[...]

"The new owner has no time to win the animal's affection, or to prepare an environment to which it can adapt and become accustomed. Consequently, he turns to violence, and beats the beast badly for days, until it settles down and surrenders. In some cases, he [even] beats it to death[...]

"Some have regarded this behavior as an [appropriate] way to treat a woman, [in order to] force her to comply with their will. There is no doubt that many women have been repressed in this manner - their spirit was 'murdered' rendering them weak, depressed, and debased[...]"


Women's Longing for the Respect and Esteem of Men Reflects Their Inferior Status

"Some may think that this belongs to the past, and that today women are treated differently owing to the change that has occurred in their lives and status - they are [now] educated, they have jobs and are independent. This may be true in some [cases], where a woman is respected and esteemed by the man. [However,] the fact that women still long, overtly or covertly, for the men's respect and esteem shows that their status in society is [still] inferior. When the man treats [a woman] well, she is overjoyed, as though [such behavior] is a generous favor for which she must be grateful.

"[Some] men still regard women with this sort of condescension. In their eyes, a woman is nothing but a receptacle for their lust, or a servant who works for them - no matter [how much] she has studied or how much she has advanced[...]" [1]


Al-Sa'dawi: The Egyptian Penal Code Does Not Punish a Man Who Kidnaps or Rapes a Young Woman, Providing He Marries Her

Referring to the legal status of women in Egypt, Al-Sa'dawi wrote: "The time has come to reexamine the laws that make it easier for men to attack women, and that create tension in their relations - for violence on the part of the man leads to violence on the part of the woman, both as a response and in self-defense.

"While we hear about many cases of rape and kidnapping of girls, we find that our country's penal code does not punish a man who kidnaps a young woman (aged 16 or more) providing he marries her. The law rewards the criminal with marriage to his victim. When a man wants to marry a young woman who is not interested in him, all he needs to do is to kidnap her. Then he can marry her, and he is released [from custody].

"What applies to kidnapping applies to rape as well. In a study I conducted on rape, I found that the Egyptian family, in order to avoid social disgrace, pushes a girl who was raped into the arms of the criminal, [forcing her] into a miserable and shameful relationship. I still remember the case of that woman who killed her husband after 20 years of marriage. He used to humiliate her daily, because her father had forced him to marry her after he had raped her[...]

"While we hear much talk about fighting prostitution and abominable acts, the law is very lenient towards adulterous husbands. A husband who commits adultery is not punished, but released, if he did not commit adultery in the [family] home but in some other place. If the adultery does take place in the home, and this is proven in a law suit filed by the wife, he is sentenced to a prison term that does not exceed six months.

"On the other hand, a married woman [who commits the same crime] is sentenced to two years' imprisonment, whether she committed the act in the home or elsewhere. There is no doubt that this forgiving attitude towards the man encourages him to [behave] immorally, to dishonor his marriage vows and to act irresponsibly towards his wife and family."


A Man is Permitted to Be Violent Towards His Wife, Even to Murder Her

"The man is permitted to be violent towards his wife and even to murder her. Article 237 of the penal code states that a man who kills his wife in order to defend his honor is sentenced to imprisonment only, and does not receive the punishment meted out for other kinds of murder, namely the death penalty or a life sentence with hard labor[…] [Moreover], the murderer husband may [even] be released if the judge sympathizes with him, as frequently happens.

"If a husband is entitled to defend his honor, why doesn't a woman have the right to defend hers? [Are we to understand that] a man has honor while a woman does not? What is the difference between an adulterous wife and an adulterous husband? Doesn't justice oblige us to evaluate the act by the same standards, regardless of [the perpetrator's] color, gender or status?"


Polygamy Aggravates the Problem of Overpopulation

"While we complain about disintegrating families and abandoned children, the matrimony law permits a husband to divorce his wife for no reason at all except his desire to do so, and to take a second wife merely in order to satisfy his lust. It is a well-known [fact] that polygamy causes the birth rate to rise, since one man has children by more than one women.

"At a time when we are calling to limit births and complain about overpopulation, shouldn't we consider abolishing polygamy? Especially since many religious scholars and jurists believe that Islam essentially forbids polygamy, because it sets an impossible condition, namely that the [the man] treat [all his wives] fairly. Many Islamic countries have preceded us in outlawing polygamy and in requiring the husband, as well as the wife, to apply to the court if they want a divorce.

"It is time that our laws become just. A just law protects [the individual] from violence and provides real protection for the family and children." [2]

thanks
Reply

Nicola
05-16-2006, 01:18 PM
It's cheaping Gods Holy marriage between a man and a woman.
Reply

HeiGou
05-16-2006, 01:29 PM
format_quote Originally Posted by Muslimah_Sis
a lonely/old/divorcee/widow woman marries into polygamy for companionship. She knows the man has another wife and kids and they need him more. So she can waive her rights of him spending equal amounts of time between her and the other wife etc... maybe she'd like his company only now and then. that way they are both clear as to what is expected in the marriage.

Doesn't that make sense? :?
You can use that as an example, but in fact we all know the difference is not going to be age but wealth. After all men want to marry young girls, not older women. So it will be a case of richer older men marrying younger girls whose families need the money.

Either that or a way for young Muslims to be Westernised and "date" while remaining within the bounds of Islamic law. I just do not understand it at all and I may be wrong about why they are doing it.
Reply

salehah
05-16-2006, 01:30 PM
...And while that old lonely lady marries a person, not neccessary married before, just to have occasional sex thats all whenever he feels convenient or needs a change, what in the mean time when he is not arround ...
ohh yes your scholars have told you women need sex just once a week or twice..uhm whatevers the fatwa is, sheikh's people know better! oh then what happens if he comes once in two months..uhmm she might have gotten sick and died in mean time...so no problem...also she can bear his child and take care of "it" to keep her busy because probably thats all she's allowed to do!!
and ohh yes talking about intentions!! what exactly is the mans intention in all this?
You have made a mockery of your religion thats all! a joke out of the sacred institute of marraige and it's purposes! just a contract for satisfying the lust.
What are you trying to justify?

and call yourself muslims when have gone bellow the level of even common humane values, only blindly following the religion of your forefathers and sheikhs not Islam! Brainwashed not to even think whats right let alone question because all responsibilty of that you have put on the shoulders of your imams!
go ahead keep on living in the world of utopia .. and the worse is still to come on this so called muslim world.
Wake up before it's too late.

may Allah guide us all in the right direction.

Amen
Reply

salehah
05-16-2006, 01:52 PM
ASALAMO ALIKOM SIS!

You see thats the problem .. why you are calm about it!
Look around you! what good you see in muslim word. 20% of worlds population and inwhat condition. except for a few oil rich arabs who manipulate worlds economy but are so deviated from the religion have forgotten the basic human values!!
What we have done to Islam can't you see?
It's not the Islam that prophet brought to us but what our imams told us in their history recordings and we have been told to believe in them through these "profesional" scholars of islam to either obide by it or you are expelled from Islam. Agian I ask who gave them this authority??
but they are not the only ones to be blamed but all those you put up with all this .......
it's about time someone gets out and do something about it or atleast raise a voice against it, and Alhumdulillah I am not alone!
I am only pointing to fingers to only those who think this way or rather don't think at all!

peace again!
Reply

searchingsoul
05-17-2006, 06:51 AM
Does Misyar marriage give the woman less rights than the Muta marriage? That's the way I read it.

This is acceptable Islamically?

Am I missing something or not understanding this correctly?

Thanks!
Reply

salehah
05-17-2006, 08:02 AM
Peace to all!


Dear bro. As soon as i get on this board, either my posts start getting deleted or issue gets closed by the moderator or I start getting mails from the moderator not to post any "SUCH" material. (perhaps that exposes whatever they are following and propogating).

Why??because probably this is not according to their agenda which I just got in another private mail...I didn't know this forum was for certain section and not for muslims.

So if I try to point at a finger at the way they are teaching is wrong and show the proof of it they want me to discontinue!!

So dear I will leave it here the way it is every one responsible for their own actions! and you keep searching for your own souls which I hope is not dead yet like many I have seen on this forum.
Still I'll keep trying!

so good luck and jazakAllah!
Reply

searchingsoul
05-17-2006, 08:26 AM
format_quote Originally Posted by salehah
Peace to all!


Dear bro. As soon as i get on this board, either my posts start getting deleted or issue gets closed by the moderator or I start getting mails from the moderator not to post any "SUCH" material. (perhaps that exposes whatever they are following and propogating).

Why??because probably this is not according to their agenda which I just got in another private mail...I didn't know this forum was for certain section and not for muslims.

So if I try to point at a finger at the way they are teaching is wrong and show the proof of it they want me to discontinue!!

So dear I will leave it here the way it is every one responsible for their own actions! and you keep searching for your own souls which I hope is not dead yet like many I have seen on this forum.
Still I'll keep trying!

so good luck and jazakAllah!
What is the agenda you're talking about? Is this forum for or against Misyar marriage?
Reply

i_m_tipu
05-17-2006, 09:00 AM
format_quote Originally Posted by salehah
...And while that old lonely lady marries a person, not neccessary married before, just to have occasional sex thats all whenever he feels convenient or needs a change, what in the mean time when he is not arround ...
ohh yes your scholars have told you women need sex just once a week or twice..uhm whatevers the fatwa is, sheikh's people know better! oh then what happens if he comes once in two months..uhmm she might have gotten sick and died in mean time...so no problem...also she can bear his child and take care of "it" to keep her busy because probably thats all she's allowed to do!!
and ohh yes talking about intentions!! what exactly is the mans intention in all this?
You have made a mockery of your religion thats all! a joke out of the sacred institute of marraige and it's purposes! just a contract for satisfying the lust.
What are you trying to justify?

and call yourself muslims when have gone bellow the level of even common humane values, only blindly following the religion of your forefathers and sheikhs not Islam! Brainwashed not to even think whats right let alone question because all responsibilty of that you have put on the shoulders of your imams!
go ahead keep on living in the world of utopia .. and the worse is still to come on this so called muslim world.
Wake up before it's too late.

may Allah guide us all in the right direction.

Amen
Disgusting........:heated: ..........:heated: ........:heated:
u give a very bad comment above

i think u need to read the earlier post carefully


format_quote Originally Posted by Muslim Knight
Question:

As-Salamu `Alaykum! May Allah bless you, and in Sha’ Allah you will always be in progress. I want to ask you about the marriage that is called in Arabic Misyar. I hope you will explain to me what it means, and kindly shed light on the Islamic ruling concerning it.

Answer:

Wa`alaykum As-Salamu Warahmatullahi Wabarakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Almighty Allah, and peace and blessings be upon His Messenger.

Dear questioner, we are really pleased to have your question and to have the chance to convey some of the teachings of our religion to our Muslim brothers. In fact, it adds to our happiness to find guidance being disseminated and the word of truth being highly elevated. We hope these humble efforts meet the great expectations of yours.

Misyar marriage can be defined as a marriage contract between a man and a woman, in which the woman waives some of the rights she would have in a normal Islamic marriage. This sometimes takes place when, for example, there are many women who, as they get older, find it increasingly difficult to marry. In this case a woman opts for a husband who is not able to fulfil the normal marital duties like financial maintenance, or spending adequate time with her, for example. She considers that marrying such a husband is better than remaining unmarried.

It’s noteworthy that once a marriage contract meets its Shari`ah requirements, it will be acceptable from the Islamic points of view irrespective of what people call such contract. Conditions of valid marriage are: The consent of both spouses, the consent of the Wali (guardian), the payment of the dower, the presence of the witnesses, and the announcement of the contract.

It goes without saying that valid marriage should not be limited to a certain period of time; otherwise it will be reckoned as a Mut`ah (temporal) marriage which is prohibited in Islam.

Dealing with this subject, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

Misyar marriage should be viewed as a form of legal relationship between man and woman regardless of any description attached to it. This is pursuant to the juristic rule: "What matters most in contracts are motives and meaning, not the wording or structure."

Therefore, in determining the legal nature of this marriage, we should not judge things according to names, for as we know, people feel free in naming or describing something.

There is nothing new about this kind of marriage. It is in one way or another very similar to what is known as `Urfi marriage or non-documented marriage.

Stipulating certain details in the marriage contract on both sides is acceptable. For example, some `Ulama (scholars) maintain that a woman has a right to determine the timing of marriage; i.e., it can take place at day or night, however, she can also waive this right.

Therefore, based on what has been mentioned, we can state that Misyar marriage, or something in similar form, has been in practice from time immemorial. It also serves the purpose of some women, who, for instance, may be rich but happen to be unable to marry at the proper time. So, such women can opt for this kind of marriage.

But I do have to make it clear that the aforementioned statement does not make me a protagonist of Misyar marriage. In all my Fatwas and sermons, it is not mentioned anywhere that I give any support for such marriage.

The point is that when I was asked by a journalist to state my opinion regarding this marriage, I found it a pressing religious duty to give a clear-cut opinion on something that does not make unlawful what Almighty Allah has made lawful for His servants.

Therefore, if anyone seeks my opinion on this marriage, I must reply him saying: What do you mean by Misyar marriage. However, if I get an explanation that shows that in Misyar marriage, all the Islamic legal requirements are met, then the marriage is valid.

Those requirements are: an offer and acceptance from both parties; a specified dowry, according to the Qur'anic verse: "And give unto the women, (whom ye marry) free gift of their marriage portions" (An-Nisa': 4), and that the contract wins the consent of the guardian. Thereby, no one has the right to brandish it as unlawful.

There is no doubt that such marriage may be somehow socially unacceptable, but there is a big difference between what is Islamically valid and what is socially acceptable. As we know, people can be cynical about the idea of an employee marrying his employer. But who can deny the validity of such a marriage if it meets all the legal requirements?

This issue, therefore, needs a cautious approach. One should not feel free to condemn an act as absolutely forbidden, merely on social repugnance. Rather, one needs to have convincing evidence to determine the legal nature of each particular act.
Reply

Snowflake
05-17-2006, 09:50 AM
:sl:

If a woman wants to waive her rights then she can do that in a conventional nikah any way. So what is the big deal if she does that before signing on the dotted line and the nikah is known as 'misayr'. It is not as though she is marrying for a limited period. It is not the same as Muta (temporary marriage)e.g a passport for sexual relations only.

And while that old lonely lady marries a person, not neccessary married before, just to have occasional sex thats all whenever he feels convenient or needs a change, what in the mean time when he is not arround ...
Oh come on, don't be so narrow-minded! What makes you think sex-on-tap is the reason for this kind of marriage. How about loneliness? Company? Maybe a woman is independant and doesn't need a man 24/7. What about a business woman who is self-reliant and doesnt need a husband to maintain her yet still wants to experience the joy of a caring and loving relationship?
What is better? She gets married and waives her rights to having the man to support her financially and be there for her 24/7 or to not get married and have a haraam relationship?

Even in a conventional marriage a man can marry again without his wife's consent and should that happen she'd have to adjust to him spending time with the other wife. So if the other woman waived her rights in her marriage contract stating that she'd be happy for her husband to spend only two days per week with her then that would be a masayr marriage contract. So what is wrong with that? The man would still be responsible for everything that the woman hasn't waived her rights for. I think masayr marriage has been blown out of proportion, making it seem like a no-strings-attached affair! It's still a marriage, the only difference being that the woman has by will given up the rights which may not be necessary for her.



:w:
Reply

searchingsoul
05-17-2006, 10:00 AM
So can she pick and choose what rights she wishes to do without?

This is supposed to last a lifetime, correct?
Reply

Nicola
05-17-2006, 10:07 AM
format_quote Originally Posted by searchingsoul
So can she pick and choose what rights she wishes to do without?

This is supposed to last a lifetime, correct?

from what it looks like is to me...there is no real commitment, like a real marrriage..but they can have sex together without the commitment.

more or less like a lot in the west live...but they don't have a paper to say..it's lawful for sex.
Reply

Snowflake
05-17-2006, 10:10 AM
format_quote Originally Posted by searchingsoul
So can she pick and choose what rights she wishes to do without?

This is supposed to last a lifetime, correct?
Basically yes. In a conventional marriage there is generally no specification of what one expects from that marriage. It's the full works. In a masayr marriage a woman can willingly forego rights which would normally be applicable.

For instance, normally a man has to provide his wife with food, clothing and accomodation. If he doesn't he will be answerable for it (to Allah). But if she's stated that she doesn't expect certain criteria to be fulfilled, then he will be free from responsibility of those things and hence won't be held accountable.

To my knowledge it is a marriage for life, unlike the haraam Muta marriage. That's why I don't see what all the fuss is about.
Reply

SirZubair
05-17-2006, 10:12 AM
format_quote Originally Posted by Rabi'ya
:sl:

thats disgusting and perverted!!

i think we are all aware that there is nothing officially islamic about the arab world!

:w:

Rabi'ya:rose:

(sorry just my opinion)
Agreed.

format_quote Originally Posted by ~Mu'MiNaH~
Sis stop being racist. Just because you have seen some arabs acting in a certain way or with certain views does not mean you should label the entire arab race. Please calm down and think about what you are saying.
:w:
I agree with you on that.

Stop it with the "arabs think they.." crap please.

Alot of indians i know think the same thing,and alot of somalians i know think the same thing.It is a disease rooted in the hearts of Men and Women,regardless of their background or ethnicity.

format_quote Originally Posted by salehah
ASALAMO ALIKOM SIS!

You see thats the problem .. why you are calm about it!
Because no1 pays attention (in a good light) to someone who kicks up a storm in this sortof manner.


format_quote Originally Posted by salehah
I am only pointing to fingers to only those who think this way or rather don't think at all!

peace again!
In that case,Please think before you post again.

format_quote Originally Posted by ~Mu'MiNaH~
A whole forum can't be for something... and sis salehah... being emotional won't get us anywhere. We need to be rational.
:w:
Im agreeing with you twice in one day.

i think i'll go visit the Doc tommorrow .. ;D
Reply

Nicola
05-17-2006, 10:14 AM
why did Allah make all these different kinds of marriages?

for what reasons?
Reply

searchingsoul
05-17-2006, 10:28 AM
format_quote Originally Posted by Nicola
why did Allah make all these different kinds of marriages?

for what reasons?

I was wondering the same thing. I'm not saying I'm against the Misyar Marriage. I'm just thinking that if I agree with Misyar marriages I could also reasonably agree with other forms of "western relationships". I suppose by saying the designated vows prior to an arrangement may make it okay in the eyes of God. I dunno.
Reply

Nicola
05-17-2006, 10:35 AM
format_quote Originally Posted by searchingsoul
I was wondering the same thing. I'm not saying I'm against the Misyar Marriage. I'm just thinking that if I agree with Misyar marriages I could also reasonably agree with other forms of "western relationships". I suppose by saying the designated vows prior to an arrangement may make it okay in the eyes of God. I dunno.


Do you think it arrangement could possible be ok for Christians..e.g like a couple make an agreement between themselves and God..without a vicar..would that be legal in the eyes of the Christian God/

what do you think?
Reply

searchingsoul
05-17-2006, 10:40 AM
format_quote Originally Posted by Nicola
Do you think it arrangement could possible be ok for Christians..e.g like a couple make an agreement between themselves and God..without a vicar..would that be legal in the eyes of the Christian God/

what do you think?

I think it would be legal in the eyes of God. God knows the heart and intentions of people. In many ways it may be more valid than a marriage carried out in a church ceremony.

I just find this Misyar Marriage concept to be rather liberal, which surprises me.
Reply

Nicola
05-17-2006, 10:48 AM
format_quote Originally Posted by searchingsoul
I think it would be legal in the eyes of God. God knows the heart and intentions of people. In many ways it may be more valid than a marriage carried out in a church ceremony.

I just find this Misyar Marriage concept to be rather liberal, which surprises me.
thanks for you opinion

I have heard of these kinds of marriages before, having friends in the ME..but I'd like to know why Allah changed the rules ...to allow these kinds of marriages.
Reply

Noora_z3
05-17-2006, 11:46 AM
format_quote Originally Posted by Nicola
thanks for you opinion

I have heard of these kinds of marriages before, having friends in the ME..but I'd like to know why Allah changed the rules ...to allow these kinds of marriages.
NO dont get it all wrong here, Allah didnt change the rules or anything like that.

First of all, this kind of marrige was here in the Kingdom since like 300 yrs back, scholrs of saudi r divided in this matter, some say they r totally against it, n it doesnt have any basis in the Islamic Sharia, n some say that nothing is wrong bout it as long as it fullfills certain criteria....hence small number of ppl parcticed that marrige...

I did some research here, the intresting thing is this wen I ask the ppl here, they dont really know by whom this marrige was legalised in the Kingdom? Did Lajnat Al-Ifta'a legalise it?!...dont know...was it legalised by the goverment?!..if yes...on wat basis did they legalize it?!

Since i live here n intrract with Saudis, I will check it out. Insha Allah.
Reply

Nicola
05-17-2006, 12:24 PM
format_quote Originally Posted by Noora_z3
NO dont get it all wrong here, Allah didnt change the rules or anything like that.

First of all, this kind of marrige was here in the Kingdom since like 300 yrs back, scholrs of saudi r divided in this matter, some say they r totally against it, n it doesnt have any basis in the Islamic Sharia, n some say that nothing is wrong bout it as long as it fullfills certain criteria....hence small number of ppl parcticed that marrige...

I did some research here, the intresting thing is this wen I ask the ppl here, they dont really know by whom this marrige was legalised in the Kingdom? Did Lajnat Al-Ifta'a legalise it?!...dont know...was it legalised by the goverment?!..if yes...on wat basis did they legalize it?!

Since i live here n intrract with Saudis, I will check it out. Insha Allah.
thanks., will be interesting to find out..does that mean if it isn't in the Shaira law...it isn't from Allah then?
Reply

Muezzin
05-17-2006, 01:08 PM
format_quote Originally Posted by Nicola
thanks., will be interesting to find out..does that mean if it isn't in the Shaira law...it isn't from Allah then?
Yep.

Personally, I think this whole 'temporary marriage' thing is a load of nonsense. I've heard certain imams calling it a glorified form of zina - adultery or fornication. I agree with them.
Reply

Snowflake
05-17-2006, 01:19 PM
So if a financially independant woman married a man waiving her rights to maintenance she'd be commiting adultery? What a sensible conclusion!

If she marries into polygamy and decides two days a week is enough for her to see her husband considering his other commitments, she is participating in gloried zinna? Even though she's done nikah but only exempted her husband of certain duties? That's zinaa? Haha don't make me laugh!

Masayr marriage does NOT divest one of their rights of just treament, love, loyalty and upholding a marriage in an islamic manner. Nor is it an excuse to do so. How is that equal to zinna? For God's sake open up your minds a little.
Reply

Muezzin
05-17-2006, 01:21 PM
Fair enough. I still don't like them.
Reply

Snowflake
05-17-2006, 01:22 PM
Fair enough. It's only suitable for certain situations anyway. I'm glad you saw my point though.
Reply

Muezzin
05-17-2006, 02:45 PM
format_quote Originally Posted by ~Mu'MiNaH~
Yeah Muezzin... i don't like them either... you were talking about misyar right?
:w:
That and chavs, yes.
Reply

dilkadr
06-29-2007, 09:49 PM
format_quote Originally Posted by HeiGou
Can someone help explain this to me? I have tried to look it up on Wikipedia but I am still confused. I thought temporary marriages were banned in Islam? How can a proper Islamic marriage be temporary and without obligations? Is this permitted in Islam and if so, why?
Busy days for Saudi matchmakers
Published: Monday, 15 May, 2006, 11:35 AM Doha Time

RIYADH: Professional matchmakers in Saudi Arabia have boosted their business by 60% following the legalisation of ‘misyar’, a temporary marriage without obligations.


The Saudi newspaper Arab News said one reason why people resort to such secret but legal options is to avoid family responsibilities and others such as housing a woman and rearing her children.

The paper said ‘misyar’ has grown in popularity in the business community, among educated people and among women with private income as well as with the poor.

The increasing number of unmarried women is why such marriages have become more acceptable, said the paper. – DPA
Well, you are right temporary marriage [Mutah] or Marriage without Obligations [Misyar] are not allowed in Islam.

However, people can tailor matrimonial contract [Nikkah] according to their specific needs, or socio-economic conditions while remaining in the limits of Islam.

However, a deadline (termination date) can never be set in Nikkah, Likewise a man can not say he is not responsible for his wife howvere he maybe unable to support his family financially.

There are examples of common men getting married with higher class women.

I am compiling a table to compare nikkah with mutah and misyar kindly have a look and forward you comment to me to update this table http://spreadsheets.google.com/pub?k...xySgRnB5W3OBfQ

Allah Knows Bets
Reply

dilkadr
06-29-2007, 10:09 PM
format_quote Originally Posted by Iqram
It's a bit like having a boy/girl friend.

But the intention of this is wrong, as you should marry only if you have the means to do so, and you shouldn't marry for the wrong reasons, rather, you should be able to provide and take care of the wife.

I mean the intention is only temporary pleasure...I don't know....someone correct me, but this doesn't go down too well in my books, this is just morally wrong.
You are right to some extent... one should marry when he has means to get married. But it is not necessary one must find a life partner in the same socio-economic circle. A man look a few levels above or down.

In fact Muslim men and women should chose life partner on the basis of pity not on physical or financial attributes.

Having financial means is good but not necessary.

That is where the idea of misyar comes into action. But even then intention must be to start a family and to avoid from sin not the temporary fun.

One more thing I like to add, Saudis are not standard of Muslims - they are same as any other nation on this earth and may fall victim of false ideas. Previously, wealth of oil have introduced many lavish customs among Saudi Society - Misyar is sort of relief for common Saudi men and women too. I heard during my stay in Saudi Arabia (2000 to 2002) it is required to have minimum SR 30,000 to get married and salaries are like SR 3,000 / month and expanses are so high. This SR 30,000 was the case of my colleague who was a common office worker.

Allah Knows Bet, May Allah Bless All Of Us With Best Of His Bounties.
Reply

dilkadr
06-29-2007, 10:40 PM
format_quote Originally Posted by HeiGou
I can find Mut'ah marriages without any problem but they must be illegal in Saudi Arabia as they are elsewhere in the >cough< >cough< part of the Muslim world.

So are these just Mut'ah marriages in disguise (which I can't believe) or are they something else? Are they new or have they been around for a while?
Well, if someone want to have extra fun then there are so many avenues (girl friends, dating, commercial sex service providers and a lot lot more)

Why one must opt for nikkah, nikkah-ul-muttah or nikkah-al-misyar. I feel all these are just to abstain from SIN :p
Reply

dilkadr
06-29-2007, 10:50 PM
format_quote Originally Posted by HeiGou
Thank you to the person who provided the links. This is obviously not legalised prostitution although I was interested in one of the above links saying this,
Eyad comes from another Arab country and is married to a Saudi woman in a Mesyar arrangement. “Our marriage is more like a business deal that we both agreed to. She wants a husband and children, something that I am willing to give to her. She does not care is she sees me once or twice a week. What I need from her is money and financial aid in this country. It is something that she gives me. We live by this agreement and we are both happy.”
I am, rarely for me, speechless.

(Although I thought that Saudi Arabia prohibited foreigners marrying Saudi women? Anyway I forsee problems so I think I'll leave this thread here)
It is the way how contracts work, and marriage is also a contract of social nature...

Allah Knows Best
Reply

dilkadr
06-29-2007, 11:03 PM
format_quote Originally Posted by Muslim Knight
I don't see it that way. You can say it's a marriage of convenience, last resort for women who can't get husbands until their late age. Rather than finish off life alone and without children... or worse fate, prostitution, this could be more dignified for them. And it's within legal framework. Furthermore, it is really up to the woman's consent as is conventional marriage... on other hand, I would say it required mutual consent.

Maybe a bit unethical, but halal. Personally, I'd rather go condemn forced marriages rather than this.
Quiet true and positive perspective... mostly we are chasing the ideal things, but real things are crude...
Reply

dilkadr
06-30-2007, 08:53 PM
quote=Muslim Knight;311207]I don't see it that way. You can say it's a marriage of convenience, last resort for women who can't get husbands until their late age. Rather than finish off life alone and without children... or worse fate, prostitution, this could be more dignified for them. And it's within legal framework. Furthermore, it is really up to the woman's consent as is conventional marriage... on other hand, I would say it required mutual consent.

Maybe a bit unethical, but halal. Personally, I'd rather go condemn forced marriages rather than this.[/quote]
:sl:I agree with you and the term marriage of convenience is more appropriate. There are time when we (men) are financially borke, or unestablished or have poor income or woen have have past theri prime ages for marriage, or they are youn widows and need someone for physical needs (sorry to say but it is how humans are) or there could be more reasons for it then I may know.

However, Misyar is nothing but a Simple Nikkah for Socio-Economically Special People.

Still, Man is responsible (socially, legaly, if not financially) for his wife even if he has less income or resources then his wife. As this world is a patriarchal world.

Allah Knows Best
Reply

dilkadr
06-30-2007, 09:04 PM
format_quote Originally Posted by Noora_z3
So if the woman willingly waived her rights...wat happens to Childrens rights in such marrgies?
:sl:
Children are husbands responsibility in all the cases. The fact is Misyar is prevailing due to economic reasons. A misyar marriage is not a hidden marriage. It is declared and legalised normally. The only thing is that the man is not able to arrange a home for his family because he is poor. If the wife has resources the she may arrange the house.

Here one thing must be noted that rich man who are doing it just for extra fun will never agree to declare their marriage to thier exsiting family members.

Keep in mind misyar is to facilitate marriage between poor man and established women - it is never ever for rich men to get married with poor women for fun.

Allah Knows Best...
Reply

dilkadr
06-30-2007, 09:24 PM
format_quote Originally Posted by Tania
"This sometimes takes place when, for example, there are many women who, as they get older, find it increasingly difficult to marry. In this case a woman opts for a husband who is not able to fulfil the normal marital duties like financial maintenance, or spending adequate time with her, for example. She considers that marrying such a husband is better than remaining unmarried."


But how can be this legal.:X Its in Qur'an written clearly the men needs to treat his wive equally(the same treatment)and he needs to be the women protector, so he needs to ensure some financial maintenance to her too.
:sl:
Finance is very important in present day life but it is not the only important thing. Now-a-days, it is supposed that if a man have money than he can protect his family, and if he is a poor man then he can not do anything.

We need a lot of thinking and understanding of life... we always love our blood relatives whether we are poor, disabled handicapedd or what so ever is our situation is - because it is our inbuilt characterstic. So is for the inlaws (wife and children).

Misyar, seems permisible for special situations (poor man, over aged never married before women, young widows) but we all are looking at misyar as it is a excuse for extra fun for rich man and rich women.

Believe me there is not restriction for comiting SINs. I know women having hidden relations, I know men misusing thier domestice servents (maids) I know people have girl friends and women have boy friends even after marriage and number of boy/girls friends is not small necessarily. And everyone know about call girls and gigolos.

So, Misyar is a provision for the marriage for the less prevaliged people.

Allah Knows Best
Reply

dilkadr
06-30-2007, 09:38 PM
format_quote Originally Posted by sonz
thats cuz the woman wants that. its her choice. if she agrees that she gives up her islamic rights (like the husband spending time with her, providing for her) then its allowed and we must respect that.

she is not forced in to it and its entirly her choice

masalama
:sl:

Without consent of both husband and wife it is not possible and it will be illegal too

Allah Knows Best
Reply

dilkadr
06-30-2007, 10:00 PM
format_quote Originally Posted by salehah
Peace to all!

What do you have to say about this ?


ya sure they're actually practising muta not misyar or in the name of misyar.. but who draws the limit! our beloved scholars???
and read this too!

http://memri.org/bin/articles.cgi?Pa...rm&ID=SP106005
:sl:
Strong prey on weak - that is natural animalistic thing.

Islam is here to make us human. These people are nothing but black spots on the face of Muslim Community.:raging:
Reply

dilkadr
07-01-2007, 10:41 PM
format_quote Originally Posted by MetSudaisTwice
salam
ummah is suffering everywhere in the world, it is obvious that the imaan is weak in some places, but why all the foucus on arbas? when equally elsewhere muslims are in need of guidance, this is not so that am backing for arabs, but it is only fair if you look at the ummah as a whole
wasalam
:sl:
It is because of 2 things;
  1. Islam has deep roots in Arab world [Started from there]
  2. Only Arabs are the richest in Muslim community and some of them are using their wealth for wrong doing.
It is my opinion which i have developed with my limited study of Muslim affairs through different media i.e. TV, Internet, Newspapers etc.

Only Allah Knows Best
Reply

dilkadr
07-01-2007, 10:49 PM
format_quote Originally Posted by Noora_z3;


So if the woman willingly waived her rights...wat happens to Childrens rights in such marrgies?
format_quote Originally Posted by Muslimah_Sis
I think women who opt for this type of marriage already have kids, don't want more or are infertile, but would still like a halal relationship with a man. I didn't even know this kind of marriage existed. Sounds great for independant souls! ;)
:sl: Well, I do not think that it is like a woman is waiving any of her rights but she is accepting special situation of another Muslim (a poor man not able to find a wife in normal way)

Also you are right, it is all about Halal relationship.
:thumbs_up
Reply

doorster
07-01-2007, 10:50 PM
format_quote Originally Posted by dilkadr
:sl:
It is because of 2 things;
  1. Islam has deep roots in Arab world [Started from there]
Islam started with Arabs? I thought only Orientalists propagated that myth.
Reply

dilkadr
07-01-2007, 10:56 PM
format_quote Originally Posted by salehah;
Peace to all!

What do you have to say about this ?


ya sure they're actually practising muta not misyar or in the name of misyar.. but who draws the limit! our beloved scholars???
and read this too!

http://memri.org/bin/articles.cgi?Pa...rm&ID=SP106005
format_quote Originally Posted by sonz
that is not misyar

what u posted is not even allowed in islam

who cares what about some "muslims" do. if its not allowed in islam then why ru posting what they r doing

masalama
:sl: Many people born in Muslim countries to Muslim parent and also having names like Muslims but what are they we can judge easily by their deeds.
Reply

doorster
07-01-2007, 10:58 PM
May I ask as to why you feel the need to answer a year old posts yet ignore my brand new one?
Reply

dilkadr
07-01-2007, 11:12 PM
format_quote Originally Posted by Muslim Knight

Therefore, if anyone seeks my opinion on this marriage, I must reply him saying: What do you mean by Misyar marriage. However, if I get an explanation that shows that in Misyar marriage, all the Islamic legal requirements are met, then the marriage is valid.

Those requirements are: an offer and acceptance from both parties; a specified dowry, according to the Qur'anic verse: "And give unto the women, (whom ye marry) free gift of their marriage portions" (An-Nisa': 4), and that the contract wins the consent of the guardian. Thereby, no one has the right to brandish it as unlawful.
format_quote Originally Posted by i_m_tipu
i m really confused:?
if it fulfilled all the Islamic legal requirements then why do people named a marriage in to Misyar marriage

thou i have a little idea about "Misyar"

but why do i need to know doest not it fulfilled all the Islamic legal requirements

:sl:
As I understand, Misyar is a slang term used by such people. There is not such name in Sahria Terminology. A husband and wife may set any conditions for their marriage within the basic framework provided in Islam.

Allah Knows Best
Reply

Malaikah
07-09-2007, 11:49 AM
:sl:

Interesting, I had never heard of this before.

I don't understand why people made such a big deal of it.
Reply

dilkadr
09-22-2008, 10:26 PM
format_quote Originally Posted by Scents of Jannah
I think women who opt for this type of marriage already have kids, don't want more or are infertile, but would still like a halal relationship with a man. I didn't even know this kind of marriage existed. Sounds great for independant souls! ;)
:sl:

Your point of views is appreciable. May Allah grants us more understanding of such matters.

:w:
Reply

dilkadr
09-22-2008, 10:36 PM
format_quote Originally Posted by HeiGou
... ... ...

Therefore there must be another requirement that prohibits one marriage but allows another. The obvious one must be intention - these marriages are banned because their intent is wrong. Can I ask for an opinion on that?
:sl:

Can any one tell what is in someone's heart. If some person have some hidden agenda then what can be doen.

?????

:w:
Reply

SubhanAllah!
09-23-2008, 12:17 AM
:sl:

I had a friend who entered a 'Misyaar' marriage contract. The woman he married didn't take a maher, lived with her parents and was financially independent of him. Once he finished his education and got an income, he began to fulfill his duties just like any other marriage contract.

Had 'Misyaar' not been allowed (ie. the woman or man not allowed to waive certain rights bound by a marriage contract) then my friend would not have been able to marry and maybe this could have led him in the wrong direction.

Alhamdulilah there is an accommodation for people who would like to get married but do not have the financial means at the moment.

:w:
Reply

Faye
09-23-2008, 02:22 AM
format_quote Originally Posted by Tania
"This sometimes takes place when, for example, there are many women who, as they get older, find it increasingly difficult to marry. In this case a woman opts for a husband who is not able to fulfil the normal marital duties like financial maintenance, or spending adequate time with her, for example. She considers that marrying such a husband is better than remaining unmarried."


But how can be this legal.:X Its in Qur'an written clearly the men needs to treat his wive equally(the same treatment)and he needs to be the women protector, so he needs to ensure some financial maintenance to her too.
But didn't one of the Nabi SAWS's wives (Umm Salma, I think), waive her right to time spent with him in favour of Aishah RA because she was old? And didn't all the wives agree to give up their turns when the Nabi SAWS was in his last sickness? I think that if the wife agrees to give up her right of time or support, then the husband is not obligated.
Reply

dilkadr
09-24-2008, 12:24 AM
format_quote Originally Posted by SubhanAllah!
:sl:

I had a friend who entered a 'Misyaar' marriage contract. The woman he married didn't take a maher, lived with her parents and was financially independent of him. Once he finished his education and got an income, he began to fulfill his duties just like any other marriage contract.

Had 'Misyaar' not been allowed (ie. the woman or man not allowed to waive certain rights bound by a marriage contract) then my friend would not have been able to marry and maybe this could have led him in the wrong direction.

Alhamdulilah there is an accommodation for people who would like to get married but do not have the financial means at the moment.

:w:
:sl:

I believe it is the true spirit of Nikkah. Which is being achieved through Nikkah Al Misyar.

It is given in Quran ;

[ An'Noor: Ayat32 (24:32)::Marry those among you who are single, or the virtuous ones among yourselves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and He knoweth all things.]






Mean, Nikkah has least concerns with one person's financial well being. If s/he is poor the Allah will make them rich.

The case you presented here is exemplary for other Muslims and [non-Muslims too] who want to lead a life free of sins and immoralities.

Here it is necessary to elaborate that in present day life, it is much easier to have premarital or extramarital relations than having a bonafide wife. People are even resorting to CSW. But not marrying properly just because of the fear of the unknown or customs / society's restrictions.

Only Allah Knows best.

:w:
Reply

dilkadr
09-24-2008, 12:40 AM
format_quote Originally Posted by Faye
But didn't one of the Nabi SAWS's wives (Umm Salma, I think), waive her right to time spent with him in favour of Aishah RA because she was old? And didn't all the wives agree to give up their turns when the Nabi SAWS was in his last sickness? I think that if the wife agrees to give up her right of time or support, then the husband is not obligated.
It is based on mutual understanding...

In Misyar, it is a bit complex to understand and explain.

In Islamic society a man is responsible for his family in all respects i.e. financial, social etc.

But it never means that a man must be richer [or elder] then his wife.

Due to a number of reasons a man can marry a woman richer then him,,,, or in other words a rich woman may marry with a man who has less financial fortune then herself.

Here one more thing need to be understood... a man can not refuse to give a gift [here in Pakistan it is commonly known as Mahar or Mehar] to his wife to be at the time of marriage [Nikkah] but it can be adjusted to his specific situation.

For example it is common to give jewelery of gold [of certain value] to wife at the time of marriage. But a man may give something else which he can afford to give. it can be anything from a flower, a lesson of Quran or a dress etc.

Allah Knows Best
Reply

Hey there! Looks like you're enjoying the discussion, but you're not signed up for an account.

When you create an account, you can participate in the discussions and share your thoughts. You also get notifications, here and via email, whenever new posts are made. And you can like posts and make new friends.
Sign Up

Similar Threads

  1. Replies: 1
    Last Post: 08-16-2015, 12:36 PM
  2. Replies: 1
    Last Post: 01-27-2010, 12:22 AM
British Wholesales - Certified Wholesale Linen & Towels | Holiday in the Maldives

IslamicBoard

Experience a richer experience on our mobile app!